5.

Hon'ble Supreme Court in the matter of Arumugam Servai -v- State of Tamil Nadu reported in
[(2011) 6 SCC 405] has observed in para 5, 6 and 7 as under :-

"5.........The word "Pallan" no doubt denotes a specific caste, but it is also a word used in a
derogatory sense to insult someone (just as in North India the word "Chamar" denotes a specific
caste, but it is also used in a derogatory sense to insult someone). Even calling a person a
"Pallan", if used with the intent to insult a member of the Scheduled Caste is, in our opinion, an
offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as "the SC/ST Act"). To call a person as a
"pallapayal" in Tamil Nadu is even more insulting, and hence is even more an offence.

https://timesofindia.indiatimes.com/india/social-media-slurs-on-sc/st-punishable-hc/articleshow/
59432794.cms

rticle 19 of the Indian Constitution grants the citizens certain fundamental rights that define it as
a democracy. In places, it additionally prohibits the State from making laws in the future that
would prohibit these rights.

The few cases of exception in the 'Freedom of Expression' given to Indians by the Constitution
are in the clause 2 of article 19 i.e.
Article 19(2):
"Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent
the State from making any law, in so far as such law imposes reasonable restrictions on the
exercise of the right conferred by the said sub clause in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order,
decency or morality or in relation to contempt of court, defamation or incitement to an offence."

Now explaining the heads:

1. Sovereignty and Integrity of India. This is aimed to prohibit anyone from making the
statements that challenge the integrity and sovereignty of India.
2. Security of the State. All the utterances intended to endanger the security of the State by
crimes of violence intended to overthrow the government, waging of war and rebellion against
the government, external aggression or war, etc., may be restrained in the interest of the security
of the State.
3. Friendly relations with foreign States. If your words/speech tends to jeopardise the friendly
relations of India with other State.
4. Public Order. The expression 'public order' connotes the sense of public peace, safety and
tranquillity.
5. Decency or Morality. However, we know that the standard of morality varies from time to
time and from place to place, person to person.
6. Contempt of Court. (Self-explanatory)
7. Defamation. Prevents any person from making any statement that injures the reputation of
another. Also, Defamation is criminalized.
8. Incitement to an offence. It prohibits a person from making any statement that incites people
to commit offence. Classic example is the cases against BJP leaders for Babri incident and cases
against Raj Thackeray for his anti-North Indians speech.

Some of these restrictions are dependent on the interpretation of the incident/words. Hence, we
more often see controversies and desperate Limelight Hoggers.

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